The case of a 5-year-old child passing away on a school bus: The teacher on the bus received the highest sentence, the school compensated 1 billion?

On November 22, the People's Court of Thai Binh City held a first-instance trial of the criminal case of "Involuntary manslaughter" and "Lack of responsibility causing serious consequences" that occurred on May 29, 2024 at Hong Nhung Kindergarten, Campus 2.

According to the People's Court of Thai Binh City, based on the case file and the trial proceedings, the Trial Panel sentenced defendant Nguyen Van Lam (driver), 59 years old, residing in Quang Trung Ward, Thai Binh City, to 1 year and 9 months in prison for the crime of "Involuntary manslaughter" as prescribed in Clause 1, Article 128 of the Penal Code.

Defendant Phuong Quynh Anh (teacher on the bus), 38 years old, residing in Vu Phuc commune, Thai Binh city, was sentenced to 1 year and 6 months in prison for the crime of "Involuntary manslaughter", according to the provisions of Clause 1, Article 128 of the Penal Code.

According to the leader of the People's Court of Thai Binh City, defendant Lam had a criminal record and was administratively punished several times related to 'drugs', and had been sent to compulsory drug rehabilitation.

In addition, according to the provisions of Clause 1, Article 360 of the Penal Code, for the crime of "Lack of responsibility causing serious consequences"; the two teachers in charge of H.'s class, defendant Doan Thi Nham, 26 years old, residing in Tran Lam ward, Thai Binh city) and defendant Nguyen Thi Phuong, 58 years old, residing in Phu Xuan commune, Thai Binh city, were sentenced to a suspended sentence of 1 year and 6 months.

According to the indictment, because they were busy organizing the year-end ceremony, the two defendants forgot their responsibility to notify the family or organize a search when they saw the student absent, leading to serious consequences.

The Chief Justice of Thai Binh City People's Court added, "Regarding civil liability, Hong Nhung Kindergarten, campus 2 and 3 staff and teachers voluntarily compensated the victim's family 1 billion VND. Of which, the school's money was mainly from the school, the 3 staff and teachers contributed a small amount."

Previously, the police determined that at 6:20 a.m. on May 29, Mr. Nguyen Van Lam drove a 29-seat car with a teacher from Hong Nhung Kindergarten to pick up H. and 9 other students to go to school. When arriving at the school, Mr. Lam opened the car door for defendant Quynh Anh and the students to go to class by themselves. After that, defendant Lam drove the car to park at the school gate and left.

In class, the teacher in charge took a photo of the students' attendance and sent it to the school's software for monitoring. At that time, the administrator discovered that H. was absent but did not notify the family.

At around 5:00 p.m. the same day, Mr. T.D.A - the child's uncle, came to pick up the child from school, but did not see the child in class, so he urgently informed the school, focused on searching and discovered that the child was still on the school bus (the bus was parked on the school grounds). Because the driver was not at school, the car door had to be broken open to take the child to the emergency room. When taken to the Provincial General Hospital, the hospital determined that TGH had lost his life.

The child who had the accident was TGH, a 4-year-old student. Her parents worked far from home so she stayed with her grandmother. Immediately afterwards, the authorities arrived to investigate and verify. Based on the initial investigation results, the Investigation Police Agency of Thai Binh City Police decided to prosecute the above 4 suspects for the crimes of "Involuntary manslaughter" and "Lack of responsibility causing serious consequences" as prescribed in Articles 128 and 360 of the Penal Code.

Thai Binh Provincial People's Committee also issued a document requesting the rectification of kindergarten activities and child transportation, ensuring a safe environment when children go to school.

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